Bill Text: IA SF2129 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act concerning administrative law judges appointed or employed by the public employment relations board. (See SF 2194.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-10 - Subcommittee, Dearden, Courtney, and Whitver. S.J. 203. [SF2129 Detail]
Download: Iowa-2015-SF2129-Introduced.html
Senate File 2129 - Introduced SENATE FILE BY PETERSEN A BILL FOR 1 An Act concerning administrative law judges appointed or 2 employed by the public employment relations board. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5832XS (3) 86 ec/rj PAG LIN 1 1 Section 1. Section 8A.412, subsection 11, Code 2016, is 1 2 amended to read as follows: 1 3 11. Professional employees under the supervision of the 1 4 attorney general, the state public defender, the secretary 1 5 of state, the auditor of state, the treasurer of state, and 1 6 the public employment relations board. However, employees of 1 7 the consumer advocate division of the department of justice, 1 8 other than the consumer advocate, and administrative law judges 1 9 appointed or employed by the public employment relations board 1 10 are subject to the merit system. 1 11 Sec. 2. Section 8A.415, subsection 1, paragraph b, Code 1 12 2016, is amended to read as follows: 1 13 b. If not satisfied, the employee may, within thirty 1 14 calendar days following the director's response, file an 1 15 appeal with the public employment relations board. The 1 16 hearing shall be conducted in accordance with the rules of the 1 17 public employment relations board and the Iowa administrative 1 18 procedure Act, chapter 17A. Decisions rendered shall be based 1 19 upon a standard of substantial compliance with this subchapter 1 20 and the rules of the department. Decisions by the public 1 21 employment relations board constitute final agency action. 1 22 However, if the employee is an administrative law judge 1 23 appointed or employed by the public employment relations board, 1 24 the employee's appeal shall be heard by an administrative law 1 25 judge employed by the administrative hearings division of the 1 26 department of inspections and appeals in accordance with the 1 27 provisions of section 10A.801, whose decision shall constitute 1 28 final agency action. 1 29 Sec. 3. Section 8A.415, subsection 2, paragraph b, Code 1 30 2016, is amended to read as follows: 1 31 b. If not satisfied, the employee may, within thirty 1 32 calendar days following the director's response, file an appeal 1 33 with the public employment relations board. The employee has 1 34 the right to a hearing closed to the public, unless a public 1 35 hearing is requested by the employee. The hearing shall 2 1 otherwise be conducted in accordance with the rules of the 2 2 public employment relations board and the Iowa administrative 2 3 procedure Act, chapter 17A. If the public employment relations 2 4 board finds that the action taken by the appointing authority 2 5 was for political, religious, racial, national origin, sex, 2 6 age, or other reasons not constituting just cause, the employee 2 7 may be reinstated without loss of pay or benefits for the 2 8 elapsed period, or the public employment relations board may 2 9 provide other appropriate remedies. Decisions by the public 2 10 employment relations board constitute final agency action. 2 11 However, if the employee is an administrative law judge 2 12 appointed or employed by the public employment relations board, 2 13 the employee's appeal shall be heard by an administrative law 2 14 judge employed by the administrative hearings division of the 2 15 department of inspections and appeals in accordance with the 2 16 provisions of section 10A.801, whose decision shall constitute 2 17 final agency action. 2 18 EXPLANATION 2 19 The inclusion of this explanation does not constitute agreement with 2 20 the explanation's substance by the members of the general assembly. 2 21 Code section 8A.412 is amended to provide that 2 22 administrative law judges appointed or employed by the public 2 23 employment relations board are subject to the merit system. 2 24 Code section 8A.415 is amended to provide that an appeal 2 25 concerning a grievance or discipline by an administrative law 2 26 judge appointed or employed by the public employment relations 2 27 board shall be heard by an administrative law judge employed 2 28 by the administrative hearings division of the department 2 29 of inspections and appeals and not by the public employment 2 30 appeals board. LSB 5832XS (3) 86 ec/rj
